My employee left the company… Do I have any duties regarding the Labor Condition Application (LCA)?

September 15, 2014

When an H-1B employee is terminated from employment, employers often wonder what steps need to be taken.  Aside from the obligations in the H-1B regulation, employers may have additional responsibility in regard to the Labor Condition Application (LCA).


Question:  Does the LCA regulation specify that the employer needs to revoke the LCA?


Answer:  The LCA regulation does not require employers to notify the Department of Labor (DOL) to terminate the LCA, however, it is advisable because the employer’s liability under the LCA continues for a period of one year after the earlier of the end date of the LCA or the termination of the LCA.  20 CFR 655.760(c).


Question:  How do you revoke an existing LCA?


Answer:  Revoking an LCA is fairly straightforward.  The attorney or authorized user needs to log in to the iCert Portal and find the specific LCA to be revoked.  Then, the attorney/authorized user will check the box associated with that LCA and click Withdraw.  The attorney/authorized user will need to choose a reason for the withdrawal and can also add case notes.  With the click of the ok button, the LCA is withdrawn.


H-1Bs and LCAs can be fairly complex and often employers need additional questions answered.  To make sure the process goes smoothly, employers should contact an experienced corporate immigration attorney to make sure all requirements are met.  Detailed training regarding the entire H-1B process can be found here.    

Additional information regarding H-1B's:

H-1B Season
Questions Regarding Starting the H-1B Process
The Most Important Part of the H-1B Process

 

Jessica Haefele
Corporate Immigration Attorney
MDIVANI CORPORATE IMMIGRATION LAW FIRM

7007 College Blvd., Ste. 460 | Overland Park, KS 66211
Phone  ::  913.317.6200    
Email:: JHaefele@uslegalimmigration.com

Website  :: www.uslegalimmigration.com


I-9 AUDITS | I-9 TRAINING | H-1B VISA

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